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HomeMy WebLinkAboutCT 2018-0005; TMS Oak Investments 8 LLC; 2020-0022355; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2020-0022355 111111111111 lllll 11111111111111111111 lllll lllll lllll 111111111111111111 Jan 15, 2020 01 :39 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $0.00 (S82 Atkins: $0.00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 203-260-05-00 ------------PROJECT ID: CT 2018-0005 PROJECT NAME: Village Walk ~-------- HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 513-7 A) for development to occur on property more particularly described as (see attached, Exhibit "A"), and other good and valuable consideration, receipt of which is hereby acknowledged, I/(We) TMS Oak Investments 8, LLC, a California limited liability company, the owner(s) of said property promise to indemnify and to hold the City of Carlsbad, its officers, agents and employees harmless from liability for injuries to any persons, or damage to or taking of any property including public property, directly or indirectly caused by the geological failure of any nature, type or cause or any subsequent damage that may occur on or adjacent to this subdivision due to its construction, operation or maintenance. Approval of the plans or permits, or inspection of any work done pursuant to those plans or permits by the City shall not constitute an assumption by the City of any responsibility for any damage or taking referenced in this agreement. City shall not be responsible in any manner whatsoever for the design, compaction, construction or maintenance of the slopes, cuts, fills or improvements made or done pursuant to the approved plans, nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage happening or occurring during the construction work or improvements as specified in this agreement. The entire risk of any loss resulting from or caused by any geological failure is assumed by and shall be borne by the owner. It is agreed that the above owners will maintain all slopes and landscaping in a manner to insure slope stability to the satisfaction of the City Engineer. The owners agree to repair any 1 IIFILES01V\Departments\CED\Land0ev\PROJECTSICTICT2018\CT2018-0005 Village Walk-Carroll\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 damage to public improvements caused by any geological failure referred to in this agreement to the satisfaction of the City Engineer. The owners agree to repair or stabilize any slope which the City Engineer determines may fail and cause damage to public improvements. It is further agreed that this agreement shall be binding on all heirs, successors or assigns having an interest in all or any part of the property described herein. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 1\FILES01V\Departments\CEDILandDev\PROJECTSICnCT2018\CT2018-0005 Village Walk -Carroll\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, ;;J7fh day of DerembCr APPROVED AS TO FORM: CELIA BREWER City Attorney By: ~ (7) RON KEMP~ Assistant City Attorney City of Carlsbad the undersigned i{/ , 20.i_L. OWNER(S) has executed this instrument this TMS Oak Investments 8, LLC, a California limited ·::ba::;~ Tony Sfreddo, Manager (print name and title) Date: By: (sign here) (print name and title) Date: (Proper notarial acknowledgment of execution by owner(s) must be attached) (Chairman of the Board, President, or any Vice-President and Secretary, any Assistant Secretary, the Chief Financial Officer, or any Assistant Treasurer must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) 3 I\FILES01V\Departments\CED\LandDev\PROJECTSICT\CT20181CT2018-0005 Village Walk -Carroll\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 EXHIBIT "A" LEGAL DESCRIPTION Parcel 1: That portion of Tract 99 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the office of the County recorder of San Diego County, March I, 1915, described as follows: Beginning at the most Northerly comer of said Tract 99; thence Southwesterly along the Northwesterly line of said Tract, a distance of 160 feet to the true point of beginning; thence continuing Southwesterly along the said Northwesterly Tract line 40 feet; thence at right angle Southeasterly 200 feet; thence at right angles Northeasterly parallel with the 200 feet Southeasterly from the Northwesterly line of said lot, a distance of 40 feet; thence at right angles Northwesterly 200 feet to the true point of beginning. Excepting therefrom the Northwesterly 10 feet as vacated by the City of Carlsbad by Resolution No. 2002-132 recorded May 24, 2002 as Instrument No. 2002-0445744 of Official Records. Parcel 2: That portion of Tract 99 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 166 I, filed in the office of the County Recorder of San Diego County, March I, 1915, described as follows: Beginning at the most Northerly comer of said Tract 99; thence Southwesterly along the Northwesterly line of said Tract, a distance of200 feet to the true point of beginning; thence continuing Southwesterly along the said Northwesterly Tract line 40 feet; thence at right angles Southeasterly 200 feet; thence at right angles Northeasterly parallel with the 200 feet Southeasterly from the Northwesterly line of said lot, a distance of 40 feet; thence at right angles Northwesterly 200 feet to the true point of beginning. Excepting therefrom the Northwesterly 10 feet as vacated by the City of Carlsbad by Resolution No. 2002-132 recorded May 24, 2002 as Instrument No. 2002-0445744 of Official Records. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. who proved to me on the basis of satisfactory evidence to be the perso~ whose name(s) ishife subscribed to the within instrument and acknowledged to me that he/sReARey. executed the same in hi~ir authorized capacify(i&aj, and that by hielR&r/their signature(&) on the instrument the persofl(s}, or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ,_.,_\ 1ffbMAlvt.:zzL Signature of Notary Public ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent raattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(les) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ □ Corporate Officer -Trtle(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator D Trustee D Guardian or Conservator □Other: ______________ _ □ Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-SD0-876-6827) Item #5907 4 IIFILES01V\Departments\CED\LandDev\PROJECTSICTICT201BICT2018-0005 Village Walk -Carroll\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13